Shah (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant was nominated by Dynamic Education Group Pty Ltd for the position of Marketing Specialist. The primary dispute revolved around whether the sponsoring employer's nominated position met the requirements of clause 187.233 of Schedule 2 to the relevant regulations.

The Tribunal was required to determine if the nominated position satisfied all the criteria outlined in clause 187.233. This included assessing whether the position was correctly nominated, whether the employer was the nominator, if the nomination had been approved and not withdrawn, if there was any adverse information known to the Department about the nominator or associated persons, if the position remained available to the applicant, and if the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the nominated position was the same as that in the nomination application and that the employer was the nominator. Crucially, the Tribunal noted that the Department's initial refusal of the nomination had been set aside by the Tribunal on 9 October 2019, with a substituted decision to approve the nomination. The Tribunal was satisfied that the nomination had not been withdrawn, the position remained available, and the visa application was made within the prescribed timeframe. Furthermore, there was no evidence of adverse information known to the Department concerning the nominator or associated persons. Consequently, the Tribunal concluded that the applicant met all the requirements of clause 187.233.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration, directing that the applicant meets the criteria specified in clause 187.233 of Schedule 2 to the Regulations.